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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 July 2011

Caveat application

dear all

Please inform me , Can I file a caveat application in CJM court /DM Court against Under section 14 of Sarfaesi Act, I think that Sarfaesi Act is a Special act and Purely Civil Nature, one of my Dear Sir of this forum said that we can file a caveat application. please inform with citation if any.



Learning

 7 Replies

pervez (adviser)     01 July 2011

Dear Nadeem, U r referring my article wherein I had quoted a judgement [ available on this site] of Andhra Pradesh High Court.. that was in respect of DRT proceedings... I belive that the ratio laid down in that case will not apply here, as the proceedings are under SARFAESI... Moreover, SARFAESI Act itself gives right to the borrower to appeal against the action of bank in DRT.... 

Digambar Patil (Student)     04 July 2011

sdglksdgsg

Digambar Patil (Student)     04 July 2011

sorry yaar i want to type something related to student info but by mistake it typed something else in this post.

MANOJ HARIT (LAWYER)     10 July 2011

Yes a Caveat can be filed with the DM / CJM against impending action from the Bank under Sec - 13(4). One can take citation of Menka Gandhi case judgement of the SC. Because the person whose fundamental rights are being affected must have chance to plead his case. Even if a Special Act like Sarfaesi  provides for no hearing. One must file a Caveat based on fundamental rights.

N. AKSHAY BERI (LEGAL ADVISOR)     12 July 2011

SIR, SARFAESI ACT IS SPECIFICALLY ENACTED AND POWERS ARE GIVEN TO TRIBUNAL ESTABLISHED UNDER THE SAME. SO AND PROCEEDING INITIATED OR ANY RELIEF WHICH A PERSON WANTS CAN ONLY BE CLAIMED THROUGH DRT AND  NOT FROM ANY OTHR COURT. EVEN HIGH COURT HAS NO POWER TO ENTERTAIN THE ACTIONS TAKEN UNDER SARFAESI ACT.

MANOJ HARIT (LAWYER)     13 July 2011

Mr. N.Akshay,

What u said is correct in theory. But as u r aware Sarfaesi is a new Act. Through the years there would be many amendments based on challenges & rulings. The precondition of 75% deposit was removed by the SC in Mardia Chemicals Case & even Sec 13(a) was introduced. 

Similarly, once ppl start filing Caveats before the DM based on the law of natural justice & various SC rulings.

Hariharasudan (Legal Advisor)     25 February 2014

I received one caveat application what i need to do further


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